Shavitz Law Group

800.616.4000

Category: Uncategorized

Posted on

Floridians to Decide Amendment 2/Minimum Wage

A YES Vote on Amendment 2 Raises the Florida Minimum Wage to $15/Hour.

Currently, Florida’s minimum wage is $8.56 per hour. Amendment 2 on the November ballot would incrementally raise Florida’s minimum wage to $15 per hour. Currently, the minimum wage amounts to $17,804 annually, which is far below the poverty level. This wage is not livable, nor does it align with the high cost of living in many parts of the state.

A national study by the Congressional Budget Office estimated that gradually raising the minimum wage to $15 across the country would lift more than 17 million people out of poverty. Those concerned with the affect the raise would have on businesses should know that economists have found that employees reinvest the extra wages into the local economy, by spending more on food, gas, and entertainment – including eating out in restaurants.

One poll indicates that 60 percent of Floridians support Amendment 2. To pass, the law requires 60 percent of Floridians to approve Amendment 2, so your vote counts more than ever. Please voice your support in this election by voting “YES” on Amendment 2 this November.

Shavitz Law Group is here to help. If you have any employment questions or concerns, please do not hesitate to call us for a free consultation at (800) 616-4000.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.

Attorney Advertising

Posted on

Office Managers Win Unpaid Overtime Case

The harsh truth is that the law does not care what your job title is. Just because your employer calls you a “manager” and pays you a salary, does not necessarily mean you are not entitled to overtime pay for all hours worked over 40 per week. What is determinative is the actual duties you perform on a daily basis. If you spend the majority of your time performing “hourly” duties, it is very possible that you should be paid for overtime hours worked, regardless of your actual job title.

Recently, Shavitz Law Group helped a group of dental practice office managers seek unpaid overtime wages for this very reason. These managers alleged they were misclassified as overtime wage-exempt employees even though they spent the majority of their time answering phones, helping customers, selling treatment plans and financing options, performing data entry, and completing other clerical duties. Ultimately, our attorneys successfully settled the case, recovering $1,320,000.00 in unpaid overtime wages for the participating office managers.

You can read more about the case, the allegations made, and the outcome, here.

If you believe you may be misclassified as a salary-paid employee and entitled to unpaid wages for your hours worked, speak to an attorney right away to evaluate your claim before it’s too late. The longer you delay, the smaller your claim to back-pay may become because of the running of the statute of limitations. One phone call can make all the difference.

If you have any questions regarding your pay, contact Shavitz Law Group at (561) 447-8888 or visit us at www.shavitzlaw.com for a free, no obligation review of your circumstances and consultation regarding your rights.

YOU EARNED IT, NOW LETS GO GET IT

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.

Attorney Advertising

Posted on

Supreme Court Justice Ruth Bader Ginsburg – Champion of American Workers has died at the age of 87

Equality For All

Equality For AllJustice Ruth Bader Ginsburg championed the rights of everyone who struggled for equality – women, yes, as well as minorities, the marginalized, and workers. As a young lawyer, Ginsburg herself was discriminated in the workplace. Although she graduated at the top of her law school class at Columbia, employers repeatedly rejected her. As Ginsburg later mused, “Not a law firm in the entire city of New York would employ me…. I struck out on three grounds: I was Jewish, a woman and a mother.”

This experience let to Ginsburg’s her early work with the ACLU. In a landmark case, Ginsburg successfully argued to the Supreme Court ruling that discrimination in the workplace on the basis of gender is unconstitutional — a revolutionary concept at the time. After assuming the bench, both her opinions and her dissents shaped the lives of American workers in fundamental ways. Justice Ginsburg’s dissent in Ledbetter v. Goodyear Tire & Rubber Co. led Congress to pass of one of the most important pieces of civil rights legislation in the past twenty years. As she read her dissent in Ledbetter from the bench, Justice Ginsburg called on Congress to act. Her passionate call for justice resulted in the passage of the Lily Ledbetter Fair Pay Act, amending the Civil Rights Act of 1964 to allow more time for workers who have faced pay discrimination to file complaints. The Ledbetter case demonstrates that even Justice Ginsburg’s dissents had profound implications for American workers.

Every American worker – indeed, every person in this country — has benefitted from Justice Ginsburg’s work to ensure equality for all.

If you want to learn about your equal rights, please contact The Shavitz Law Group at [email protected] or at 800-616-4000. We would be happy to assist you in a free consultation to discuss your concerns.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
Attorney Advertising

 

Posted on

Is Your Employer Driving Your Hourly Rate Below Minimum Wage?

In the era of COVID-19, many employers have hired additional drivers to better meet their customers’ needs by offering delivery services.  Often, employers require these employees to drive their own vehicles.

The Department of Labor (“DOL”) recently issued an Opinion Letter addressing how employers may reimburse workers for their out-of-pocket expenses in a way that complies with the federal minimum wage law.  The DOL’s Opinion Letter directly impacts those who drive as part of their duties, whether for deliveries or some other purpose.

Employees’ “tools of the trade”, including their use of a personal vehicle, are materials that primarily benefit employers, because they are necessary for a worker to perform their duties.  Employers violate the federal minimum wage laws if employees’ wages, minus expenses, are less than the current federal minimum wage of $7.25.  Thus, employers must  reimburse workers for their “tools of the trade” expenses – including mileage – so that the employees’ effective hourly rate is not less than $7.25.  Employers can rely on approximations of employees’ expenses, but those estimates must be reasonable.  The DOL also indicated that an employer would be safe in using the IRS business standard mileage rate.

Ultimately, workers using their own vehicles for the benefit of their employers (like delivery drivers) are entitled to reimbursement for out-of-pocket expenses, like mileage.  If your employer is not reimbursing you for your mileage, calculate whether those expenses bring your hourly rate under $7.25.  And if your employer is reimbursing your mileage using an alternative method to the IRS business standard mileage rate, you should double-check if your effective hourly rate falls below minimum wage.

Shavitz Law Group is here to help. If you have questions about whether your employer is violating federal requirements, or if you have any other employment concerns, please do not hesitate to call us for a free consultation at (800) 616-4000.

 

 YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY.  Lawyers licensed in states including FL, NY, NJ, and TX.  The choice of a lawyer is an important decision and should not be based on advertisements alone.

 Attorney Advertising

Posted on

Happy Labor Day and It’s Our Anniversary

Since its founding, Labor Day has honored the American workforce’s contributions to the United States and recognized the resilience of our nation’s working men and women. This year, we’re also excited to celebrate our firm’s 20th anniversary. As a team dedicated to fighting to ensure every worker is paid their rightful wage, we truly understand the value of Labor Day.
  
Focusing exclusively on employee rights and emphasizing class action and wage and hour litigation, our top-ranked attorneys have recovered over $500 million in backpay for employees who have been wronged by their employers’ violations of federal and state laws.

Our mission is simply to help workers around the country – whether it be for unpaid overtime, unreimbursed expenses, retaliation, equal pay, discrimination, or whistleblowing. Whether you go to work in a uniform or a suit, wear a tool-belt or carry a briefcase… we’ve seen it all, and we’re here to help.

Be sure to like us on Facebook to keep in touch. We have helped countless members of the labor force for the past two decades, and we’re looking forward to updating you on our progress over the next 20 years.

We are excited to connect with you in the near future. Until then, stay safe and wishing you a nice day on this important federal holiday !

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
Attorney Advertising

Posted on

What is the Difference Between a Class and Collective Action?

When a plaintiff brings a representative action on behalf of a potential group of similarly situated individuals they most frequently do so as part of a class action lawsuit.  In a class action, such as for unpaid overtime wages, the plaintiff makes allegations that the harm he or she experienced is not unique and that there are many others who also suffered that same harm.  If the court agrees, notice of the class action will then go out to those similarly situated class members (also known as “putative” class members) advising them of the fact that they are in the purported class.  These members are by default included in the class, unless they take an affirmative step to opt out of the class.  

In the employment context, the Fair Labor Standards Act (“FLSA”) has provided employees with another mechanism to bring a representative action: a collective action. Similar to a class action, a collective action begins with a representative plaintiff (or plaintiffs) who seek bringing claims on behalf of themselves and other similarly situated employees.   Just like a class action, notice of the collective action will go out if the court agrees, making the similarly situated putative collective members advising them of that they’re in the purported collective.  The difference between putative class members and putative collective members is that putative collective members are not by default included in the collective.  Instead, they must make the affirmative step of submitting a consent form to join the collective action in order to be included.  Without doing so, putative collective members are not bound by any judgment, but also cannot collect any proceeds from a settlement or judgment.  

Class and collective actions have very different due process concerns and therefore have varying levels of judicial scrutiny.  When a settlement is reached in a class action, all class members who do not affirmatively opt out of the class are bound by the settlement – meaning they waive their right to bring an individual claim for the claims covered by the settlement unless they opt out.  Thus, there is usually a two-step approval process (preliminary approval and final approval) courts require to ensure the settlement is fair and reasonable to class members. 

By contrast, courts typically only require a one-step approval process to ensure that the settlement is fair and reasonable to class members when a collective action is settlement is reached.  This is because those who do not submit opt-in forms to participate in the settlement do not waive their individual rights to bring claims covered by the settlement.  As such, collective action settlements are typically approved much faster than class action settlements.  

SLG is experienced in bringing both class and collective actions on behalf of workers.  If you have any questions about the differences between class and collective actions, believe you are owed unpaid overtime wages or have any other employment-related concerns, please do not hesitate to call us at (800) 616-4000.

 

YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY.  Lawyers licensed in states including FL, NY, NJ, and TX.  The choice of a lawyer is an important decision and should not be based on advertisements alone.

 Attorney Advertising

 
Posted on

COBRA Notice – Former Employer’s Failure to Follow Strict Notice Requirements Can Lead to Money in Your Pocket

The Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) is federal law that requires an employee to have the ability to continue with their company-provided health insurance following the end of their employment. Following the end of an employee’s employment, if that employee was enrolled in the employer’s health insurance plan and the employer employs more than 20 employees, then the employer is required by law to provide documents to that employee disclosing the parameters of their COBRA insurance coverage.

The notice provided to each employee (or “qualified beneficiary”) must explain the employee’s rights and obligations. Assuming the administrator is not also the employer, the administrator has 14 days after receipt of notice of the “qualifying event” (i.e. termination) to provide this notice to the employee. If the employer is the administrator, then the employer has either 44 days after the qualifying event or 44 days after loss of coverage due to the qualifying event (i.e. if the employer voluntarily keeps an employee on its insurance plan even after termination, then it is 44 days after coverage ends).

The notice provided by the administrator must meet specific requirements. In fact, federal law explains 14 specific requirements that each notice must have to be in compliance. See 29 CFR 2590.606-4. These requirements include explicit details about who is a qualified beneficiary, how to elect coverage, how long continued coverage will last, the cost of the continued coverage, due dates of such payments and other specific required disclosures. Failure to timely distribute COBRA notice or the failure to include these specifics in the COBRA notice can lead to a $110/day per person penalty. In addition, the employer would be required to pay the employee’s attorneys’ fees and costs in addition to these penalties if an employee is successful in their claim.
If you have questions about whether your former employer complied with the federal notice requirements with regards to the COBRA notice you received, please do not hesitate to call us for a free consultation at (800) 616-4000.

YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
Attorney Advertising